Impunity: the issue of the extraneus penalty in the crime of embezzlement

Abstract

This academic article holds as a fundamental premise the multilateral and constant debate on the punishment or sanction of outsiders in special self-owned crimes, evaluating the elusive stance on an effective solution to the problem of impunity generated through the noticeable increase in the participation of individuals who do not have special status in such crimes. Based on the above, it presents the domestic regulatory landscape on this issue, along with the doctrinal difficulties arising from the absence of special status despite the necessary or direct contribution to the commission of the act. In this regard, two objectives guide the article. The first one is to analyze the theory of the communicability of circumstances and the status of the extraneus in the commission of the crime of embezzlement within the context of authorship and participation. The second is to highlight the practical problems stemming from the lack of treatment of the attribution of authorship to the extraneus in our regulatory system. With respect to these objectives, the text compiles an analysis of the doctrinal aspects of economic criminal law applicable to the treatment of extraneus and intraneus, as well as the domestic jurisprudential perspective on this matter, thus revealing normative gaps and criticisms in this context. Therefore, a qualitative research method with an applied research model has been used, given the increase in corruption at the national level in recent years, which demands regulatory adjustment based on demonstrative evidence from material sources that acknowledge the extensive participation of third parties in special crimes. The lack of possible condemnation alternatives would intrinsically facilitate impunity and, subsequently, corruption.